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HomeMy WebLinkAbout04/28/1993 MINUTES CCBAKERSFIELD CITY COUNCIL ~[ ~)~ MINUTES MEETING OF APRIL 28, 1993 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield ROLL CALL Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Kane, Salvaggio None ACTION TAKEN BUDGET. City Manager Tandy provided a budget update. The formalized printed budget will be distributed May 12, 1993. The budget is balanced premised upon two factors which are yet pending: 3-5% increase in Cable Franchise Fee and PERS rate changes. An annual update on MSI changes will be presented May 12, 1993 Staff has attempted to balance the budget through a combination of expenditure decreases and rate and fee increases. Staff has done an outstanding job in contributing ideas that help to bring the budget into balance while minimizing the direct negative consequences to the service operations. At this time, 12 employees have taken advantage of the Golden Handshake. 3. CDBG BUDGET RECOMMENDATIONS. Economic Development Director Wager updated Council on the application being considered to HUD and presented CDBG Budget recommendations. CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of Deja Vu, et al. vs. City of Bakersfield. NAT 193 Bakersfield, California, April 28, 1993 Page 2 CLOSED SESSION continued ACTION TAKE~ 2 o Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of Hostmyer vs. City of Bakersfield. AUTHORIZED OUtSIDE OOUNSEL TO SA'I'I~E CASE 3. Closed Session pursuant to Government Code NAT Section 54956.9(b) (1) regarding potential litigation. Motion by McDermott to recess to Closed Session at 6:10 p.m. APPROVED REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Chaplain Ed Meissner, First Assembly of God Church. PLEDGE OF ALLEGIANCE Mayor Price read a statement regarding Cesar Chavez and observed a moment of silence. 3 o ROkk CArL Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Kane, Salvaggio None ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced the Closed Session action as reflected on Pages 1 & 2. Motion by DeMond to adjourn to Closed Session at the end of the Regular Meeting. APPROVED PRESENTATIONS Mayor Price presented a retirement plaque to Water & Sanitation Manager Dow in recognition of 23 years of service to the city of Bakersfield. Bakersfield, California, April 28, 1993 Page 3 6. PUBUC STATEMENTS ACTION TAKEN Paul Castro and Adrienne Herd requested a resolution supporting the Family Self-Sufficiency Program. Motion by McDermott to refer to staff and come back with appropriate recommendation to Council. APPROVED do Harold Rowel, Academy for Youth Development, thanked Mayor Price letter of support. for Helizabeth Washington, Academy for Youth, thanked Councilmember Edwards for support and donation. Clay Koerner, Employee Benefit Consultant, spoke regarding Internal Revenue Code Section 125 Program. Brunni referred to City Manager the issue of Internal Revenue Code Section 125 Program. Ben Stinson requested a change in the marking pen (graffiti) ordinance. (Public Statement continued on Page 9) 13. COUNCILSTATEMENTS Motion by Salvaggio to move his Council Statement forward on the Agenda. APPROVED NS MCDERMOTT Salvaggio dedicated his Council Statement to the memory and legacy of Cesar Chavez and read a prepared statement. 7. APPOINTMENTS CONSENTCALENDAR ao Approval of Voucher Nos. 8423 to 8936 inclusive, in the amount of $2,334,936.37 and Self Insurance Voucher Nos. 2263 to 2386 inclusive, in the amount of $117,637.90. Bakersfield, California, April 28, 1993 Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Minutes of Workshop, Closed Session and Regular Meeting of April 14, 1993. Correspondence received from David Ginn, developer, regarding the Rio Bravo Cycle Complex. (Receive and place on file) eJ Full Reconveyance for Home Improvement Loan for Thomas and Mattie Robertson, 1120 Eureka Street. (Ward 1) Notices of Completion and acceptance of work for: Contract No. 91-190 with Renfrow, Inc. for Tract No. 5068, Unit C, landscaping, southwest of Hageman Road and Calloway Drive, completed March 29, 1993. 2 o Contract No. 91-004 with William & Patty Alexander and Dewayne & Joanne Adams for Tract No. 5156, landscaping, northeast of Auburn and Eissler Streets, completed April 2, 1993. 3 o Contract No. 91-195 with American West Lands Company for Tract No. 5488, Units A & B, landscaping, northeast of Brimhall Road and Calloway Drive, completed March 19, 1993. 4 o Contract No. 92-102 with Kyle Carter Homes, Inc. for Tract No. 5504, Phase I, landscaping, northwest of Calloway Drive and Meacham Road, completed March 17, 1993. Resolution authorizing the issuance, sale and delivery of not to exceed $25,000,000 City of Bakersfield Hospital Revenue Bonds (Adventist Health System/West), Series 1993, and taking certain other actions in connection with the foregoing. DEED 3695 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, April 28, 1993 - Page 5 19i; 8. CONSENTCALENDAR continued ACTION TAKEN Purchase Agreement ($30,000) with Tract 5445 Partners for vacant land located at 9411 Seabeck Avenue for a water well site. (Ward 4) Cooperative Agreement with State of California Department of Transportation and Cooperative Agreement with Caloak Development Properties, Inc., for widening of State Highway 99 at the A.T.& S.F. Railroad Overcrossing. (Ward 5) First Amendment to Agreement No. 91-270 with Dennis E,. Hummel for project engineering services to widen Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Amendment to Agreement No. PW91-52 with Moore & Taber, Geotechnical Engineers & Geologists, Inc. for materials testing to widen Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Accept bids from Jim Burke Ford (18 vehicles, $335,001.22), Motor City GMC (10 vehicles, $138,585.21), Three-Way Chevrolet (2 vehicles, $31,647.31), Liberty Truck Center (1 vehicle, $13,754.81) and State Contract (1 vehicle, $11,744.00) for one additional and 31 replacement vehicles. Motion by DeMond to adopt Items (a) through (k) of the Consent Calendar with the exception of Items f., h., i. and j. AGR 93-81 DEED 3696 REMOVED FOR SEPARATE CONSIDERATIC~ REMOVED FOR SEPARATE CONSIDERATIC~ REMOVED FOR SEPARATE CONSIDERATION APPROVED Resolution authorizing the issuance, sale and delivery of not to exceed $25,000,000 City of Bakersfield Hospital Revenue Bonds (Adventist Health System/West), Series 1993, and taking certain other actions in connection with the foregoing. Brunni was absent due to a conflict of interest. RES 45-93 AGR 93-78 AGR 93-79 AGR 93-80 Motion by McDermott to approve Item f. APPROVED of the Consent Calendar. AB BRUNNI · 19'; Bakersfield, California, April 28, 1993 - Page 6 8. CONSENTCALENDAR continued ACTION TAKE~' no Cooperative Agreement with State of California Department of Transportation and Cooperative Agreement with Caloak Development Properties, Inc., for widening of State Highway 99 at the A.T.& S.F. Railroad Overcrossing. (Ward 5) Motion by Kane to approve Item h. of the Consent Calendar. AGR 93-82 AGR 93-83 APPROVED j o First Amendment to Agreement No. 91-270 with Dennis E,. Hummel for project engineering services to widen Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Amendment to Agreement No. PW91-52 with Moore & Taber, Geotechnical Engineers & Geologists, Inc. for materials testing to widen Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Motion by Brunni to approve Items i. and j. of the Consent Calendar. AGR 93-84 AGR 93-85 APPROVED HEARINGS Protest hearing as required by Resolution of Intention 1104, declaring the City to order the establishment of Maintenance District No. 5, Division 3, (Hosking & South H Street). (Ward 6) No one spoke at hearing. Hearing closed. RES 46-93 Motion by Salvaggio to adopt Resolution. APPROVED AB EDWARDS Bakersfield, California, April 28, 1993 - Page 7 9. HEARINGS continued ACTION TAKEiN Resolution adopting the Negative Declaration and requesting the Kern County Local Agency Formation Commission (LAFCO) to approve a revision of the City's Sphere of Influence and find that such request can be considered and studied as part of the periodic review. Communication has been received from Cristina L. Sierra, Law Offices of Adams, Duque & Hazeltine, Los Angeles, in opposition to the Sphere of Influence Amendment 1-93. Motion by Brunni to delay hearing no longer than 45 days with proper notification. APPROVED AB EDWARDS Resolution finding that certain weeds, debris and waste matter on properties in the city of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to abate such nuisance. (Wards 1 & 3) Properties located at: Ward 1: 337 S. Haley Street; southeast corner of S. Owens & Wilkins Street; 1409 Potomac Street; northwest corner of DeWolf & S. Brown Street; 910 O Street; 207 Clifton Street; 201 Clifton Street; 130 Clifton Street; 1201 Potomac Street; 122 Clyde Street; 228 Northrup Street; 1413 Murdock Street; 228 Augusta Street; 129 S. Owens Street; 1103 4th Street; 125 Northrup Street; 318 S. Haley Street; 901 L Street. Ward 3: 3201 Berkeley Street. Marvin Dean asked that his property at 1201 Potomac be removed from the list. Hearing closed. Motion by Edwards to adopt Resolution confirming the Report of the Fire Chief. RES 47-93 APPROVED 19:) Bakersfield, California, April 28, 1993 - Page 8 10. REPORTS ACTION TAKE~I 11. DEFERRED BUSINESS Ordinance amending Subsection H. of Section 17.10.020 and repealing Section 17.10.025 of the Bakersfield Municipal Code relating to model homes and associated tract sales offices in the R-1 Zone District. Do Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-19 by prezoning property west of Calloway Drive between Rosedale Highway and Meacham Road (Calloway No. 5 Annexation). (Ward 4) Co Ordinance amending Section 17.08.150 of Title 17 of the Bakersfield Municipal Code relating to special dwelling setbacks. Ordinance amending Section 14.16.020 of the Bakersfield Municipal Code relating to sewer service to County residents. (Wards 1 - 7) Ordinance repealing Section 12.044.035 of the Bakersfield Municipal Code relating to sidewalk food sales and adding Chapter 5.45 to the Bakersfield Municipal Code relating to sidewalk pushcart food vendors. Ordinance amending Section 3.20.126 of the Bakersfield Municipal Code relating to leases of city-owned property. Motion by McDermott to adopt Items a. through f. of Deferred Business. ORD 3518 ORD 3519 ORD 3520 ORD 3521 ORD 3522 ORD 3523 APPROVED 12. NEW BUSINESS Ordinance amending Section 1.12.010 and 1.12.060 of the Bakersfield Municipal Code relating to ward boundaries. (Wards I & 6) FR Bakersfield, California, April 28, 1993 - Page 9 12. NEiNBUSINESS continued ACTION TAKEi~ eo fo Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-30 by prezoning property at the southeast corner of Morning Drive and College Avenue (College No. 5 Annexation). (Ward 3) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-11 by changing the zoning of 6.5 acres located on the northwest corner of Wilson Road and South Real Road from a PCD Zone (61,000 square foot neighborhood shopping center) to a PCD Zone (65,000 square foot supermarket). (Ward 6) Ordinances adding Chapters 8.34 and 8.35 to the Bakersfield Municipal Code relating to stormwater system. (Wards I - 7) Ordinance amending Chapter 5.06 of the Bakersfield Municipal Code relating to adult entertainment businesses. (Legislative & Litigation Committee Report No. 8-92) Emergency Ordinance amending Emergency Ordinance No. 3517 adding Chapter 9.36 to the Bakersfield Municipal Code relating to graffiti prevention and abatement. Motion by Smith to adopt as Emergency Ordinance. FR FR FR FR ORD 3524 APPROVED go Purchase Agreement ($70,000) with Castle & Cooke Development Corporation for one acre of vacant land located on Buena Vista Road for a future fire station site. (Ward 4) AGR 93-86 DEED 3697 Motion by Brunni to approve Agreement. APPROVE 201 Bakersfield, California, April 28, 1993 - Page 10 12. NEWBUSINESS continued ACTION TAKEN no Certificate of Sufficiency of Petition (Assessment District 93-1, Northeast Sewer). (Ward 3) Correspondence has been received from George W. Nickel, Jr., dated April 27, 1993, and City Public Works Director, Schulz, dated April 26, 1993, regarding the proposed assessment district. Public Works Director Schulz provided background information. PUBLIC STATEMENTS continued The following individuals spoke in support of the proposed assessment district: Floyd Hinesley; Fred Porter, Porter-Robertson Engineering; and Jim Murphy, West Kern Corporation. George W. Nickel expressed his concerns regarding the proposed assessment district. 12. NEWBUSINESS continued Motion by Smith to accept Certificate of Sufficiency. Resolution determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Act for the construction and acquisition of improvements without proceedings under Division 4 of the Streets and Highways Code (Assessment District 93-1, Northeast Sewer). (Ward 3) Motion by Smith to adopt Resolution. A~PROVED RES 48-93 APPROVED j o Appropriation of $375,000 from the Sewer Enterprise Fund to the Public Works Capital Improvement Budget in the Northeast Sewer Assessment District Fund (Assessment District 93-1, Northeast Sewer). (Ward 3) Motion by Smith to approve APPROVED appropriation. Bakersfield, California, April 28, 1993 - Page 11 12. NE%NBUSINESS continued ACTION TAKE:N McDermott stated that Olcese was required to put up a deposit. Resolution approving agreement and appointing attorney for City of Bakersfield Assessment District 93-1. (Northeast Sewer) (Ward 3) Motion by Smith to adopt Resolution. RES 49-93 AGR 93-89 APPROVED Resolution appointing engineer of work and authorizing agreement for assessment engineering services for Assessment District 93-1 (Northeast Sewer). (Ward 3) Motion by Smith to adopt Resolution. RES 50-93 AGR 93-87 APPROVED Consultant's Agreement with Porter- Robertson Civil Engineering for design services related to the proposed Northeast Sewer Assessment District 93-1. (Ward 3) Motion by Smith to approve Agreement. 13. COUNCIL STATEMENTS McDermott stated that at a meeting with the County regarding providing incentive for jobs in the Incentive Area of Bakersfield the Kern County Economic Development Director stated "I don't see what is in it for the County if business locates in the City." McDermott stated that the City of Bakersfield is trying to help provide a better economic climate for this community, not simply for the City of Bakersfield. He feels it is important to send a strong message to the County that all residents of Bakersfield are also residents of Kern County and that the role of government in this area is to provide for economic development in our community, not simply in your own backyard. Brunni referred to the City Attorney a letter from Pheasant Run Neighborhood Committee for a response. AGR 93-88 APPROVED ABS KANE Bakersfield, California, April 28, 1993 Page 12 13. COUNCIL STATEMENTS continued ACTION TAKEN Brunni referred to Fire and Building Departments, and Kern County Health Department the property located at 201 Starmount Lane as a nuisance, trashy with no water, etc. Motion by Brunni to refer to Planning Commission a letter from the Building Industry Association regarding April 15, 1993 Planning Commission meeting. FAILED NS MCDERMOTT EDWARDS DEMOND SMITH KANE SALVAGGIO Brunni referred to City Attorney a memorandum from Chief Assistant City Attorney Skousen regarding exparte communications applicability to Council appointed commission, board and agency members for response. Brunni distributed information on Coalition to protect private property rights. The Coalition is having a demonstration May 15, 1993 and she invited Council to participate. Motion by McDermott to refer to Urban Development Committee the issue of Building Industry Association's letter regarding Planning Commission meeting and agenda. APPROVED NS EDWARDS DEMOND SALVAGGIO Edwards referred to the League Bulletin and stated that the Legislative and Litigation Committee cannot address all of the pieces of legislation, and that a process is needed so that legislation that is important to the City can be gleaned from the bulletin and be brought to the attention of the appropriate people. Tandy stated that they would do the best they can with the staff available. Smith requested a complete update on Mesa Marin. Bakersfield, California, April 28, 1993 Page 13 13. COUNCIL STATEMENTS continued ACTION TAKEN Brunni thanked City Attorney Lunardini for Attorney Michael Alford's assistance. DeMond stated the issue on legislation has been an ongoing situation and has been handled much more in depth in the last six months. Perhaps legislation can be brought to Council in synopsis form for a blanket endorsement by the Council for the City Manager to respond to at his discretion. CLOSED SESSION continued Motion by McDermott to recess to Closed Session at 9:00 p.m. A~PROVED Closed Session action is reflected on Pages l&2. Motion by Brunni to adjourn Closed Session at 9:40 p.m. APPROVED 14. ADJOURNMENT Motion by Brunni at 9:44 p.m. MAYOR of the City of Bakersfield, APPROVED CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA bz/nss APRIL28.MIN 5/27/93 2:12pm